Costa Rica

 

TRADE MARK INFORMATION  
Classification International, Nice 10th Edition
Multi-class
Services can be registered
Priority Convention priority can be claimed
Renewal Renewal fees are payable 10 years from the registration date and every 10 years thereafter
Use provisions

Non-use of this mark for a period of 5 years from registration renders it open to an action for cancellation by third parties.

PATENT INFORMATION  
Types of Patent

Substantive, with or without priority.

PCT national phase.

Priority Convention priority may be claimed.
Duration Patents filed before 25 April 2008 have a term of 20 years counted from the earliest priority date.  Patents filed from 25 April 2008 have a term of 20 years counted from the effective (e.g. PCT) filing date
Annuities

For applications filed after 25th April 2008, annuities are payable once a patent has been granted in Costa Rica, and can be paid for one or more periods as long as the patent is in full force.  The first due annuity is payable along with the grant fee.  The second due annuity is payable along with any annuities that have accumulated to date, within 2 months of the grant date.  Subsequent annuities then fall due on each anniversary of the local or PCT filing date, but may be paid up until the last day of the month containing that anniversary.  All notifications requesting payment of pending annuities that we received during 2014 and up to October 2015, stated the date for calculating future renewals was the date of the application’s filing in Costa Rica.  However, from November 2015 we have received some notifications consistent with this criterion and some stating the due date for future renewals will be determined by the last day of the month containing the anniversary of the international filing date, and even some stating future renewals will be determined by the last day of the month containing the anniversary of the earliest claimed priority.  Having consulted the Patent Office about this diversity of criteria, they expressed that Executive Decree No. 38308-JP, article 46 stated that each annual fee will be due on the last day of the month containing the anniversary of the application’s filing date, without specifying if such phrase referred to the international or local filing date.  Therefore, they say the interpretation of such article will entirely depend on the Registrar who writes and issues the specific notification requesting payment of accumulated annual fees.  Nevertheless, all notifications received during 2016 have been consistent in taking the date of the application’s international filing as the base for calculating annual fees.

DESIGN INFORMATION  
Priority Convention priority may be claimed.
Duration 10 years from the date of registration.
Renewal No renewal fees are payable.